Legal Opinion
David Rivera v. Department of Housing Preservation and Development of the City of New York, The Matter of Leonardo Enriquez v. Department of Housing Preservation and Development of the City of New York
New York Court of Appeals
Decided April 4, 2017No. 24 -25PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
Garcia, J.
These cases concern liens placed upon property by the New York City Department of Housing Preservation and Development (HPD) for reimbursement of relocation expenses pursu ant to Administrative Code of City of NY § 26-305. The issue is whether a court may summarily discharge such a lien for facial invalidity under Lien Law § 19 (6) based on its finding that the notice of lien seeks an unreasonable amount of expenses. We hold that any dispute about the reasonableness of claimed expenses in an otherwise facially valid notice of lien must be resolved through a…
2Cases cited6 opinions
- Carl A. Morse, Inc. v. Rentar Industrial Development Corp.New York Court of Appeals · 1978
- Retek v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
- Robert Plan Corp. v. Greiner-Maltz Co.Appellate Division of the Supreme Court of the State of New York · 1997
- Bralus Corp. v. BergerNew York Court of Appeals · 1954
- Rivera v. Department of Hous. Preserv. & Dev. of City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Munoz Trucking Corp. v. Darcon Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Matter of Dock Props., LLC (Department of Hous. Preserv. & Dev. of the City of N.Y.)Appellate Division of the Supreme Court of the State of New York · 2017
- 2922 LLC v. BeenAppellate Division of the Supreme Court of the State of New York · 2018
- City of New York v. Tuesdai Family Irrevocable Living TrustAppellate Division of the Supreme Court of the State of New York · 2025
- Liu v. CarrionAppellate Division of the Supreme Court of the State of New York · 2026
3 more not listed; retrieve them via the Exa API.